The Supreme Court Mulls Obamacare; the Health Care Industry Mulls the Supreme Court, as appeared in Westlaw Journal Insurance Coverage

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May 4, 2012Stuart M. Gerson

Stuart Gerson, a Member of the Litigation and Health Care and Life Sciences practices, in the Washington, DC, and New York offices, wrote an article titled "The Supreme Court Mulls Obamacare; the Health Care Industry Mulls the Supreme Court."

Following is an excerpt:

With a marathon three days of arguments about the constitutionality of the Patient Protection and Affordable Care Act now completed, the U.S. Supreme Court justices , are turning their attention to drafting and the discussions that will lead to a majority opinion and, likely, several dissents and concurrences.

The court's decision should be forthcoming before the end of June, when the current term ends. In the interim, the health care industry and employers generally will be watching eagerly as they plan their provider and payer activities, their employees' coverages, and their investments, acquisitions and divestures. While, as we will show, the ultimate decision is shrouded in doubt, there are several matters that can be identified in the short run.